Title: Northern Tampa Bay New Water Supply and Ground Water Withdrawal Reduction Agreement
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00003956/00001
 Material Information
Title: Northern Tampa Bay New Water Supply and Ground Water Withdrawal Reduction Agreement
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Northern Tampa Bay New Water Supply and Ground Water Withdrawal Reduction Agreement
General Note: Box 16, Folder 5 ( Northern Tampa Bay New Water Supply and Ground Water Withdrawal Reduction - 1998 ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003956
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

(WED)02. 18'98 17:06/ST. 17:04/NO. 3560406504 P 2


DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision









NORTHERN TAMPA BAY
NEW WATER SUPPLY AND GROUND WATER WITHDRAWAL
REDUCTION AGREEMENT
BETWEEN
WEST COAST REGIONAL WATER SUPPLY AUTHORITY,
HILLSBOROUGH COUNTY,
PASCO COUNTY,
PINELLAS COUNTY,
CITY OF TAMPA,
CITY OF ST. PETERSBURG,
CITY OF NEW PORT RICHEY,
AND
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT


FROM FOWLER, WHITE, 8132280055





FROM FOWLER, WHITE. 8132280055 (WED) 02. 18' 98 17:06/ST. 17:04/NO. 3560406504 P 3



DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision
TABLE OF CONTENTS
PARTNERSHIP AGREEMENT

OBJECTIVES OF THE AGREEMENT. ............................ .
1.A. Develop.mient of New ate.upy Gae~ t .................
1.B. Reduction of Pumpage. ........................ ...... _
1.C. End Litigatlion; ........ ................. .. .......... .
1.D. DISTRICT Financial Assistance. ............................. .

2. DEVELOPMENT OF NEW WATER SUPPLY GAPAGIf ............... 7
2.A. S~mission of NEW WATER PLAN....................... 7
2.B. NEW WATER PLAN Contents. ................ ........
2.C. Preliminar WATER PLDeelopment. ................ .
2.D. PreliminariNEW WATER PLAN Review .....................
2.E. Final NEW WATER PLAN Development ....................... .I
2.F. Final N AEW WAER PLAN Review. ......... ........... ... ...
2.G. .Y.W.WATER PLAN IVo.dification ............. ............
2.H. PROJECT Permitting. ............ ... ....... .... 1
2.1JG. FundingRequests. ................................. 14
2.JfH. Progress Repacrts.................... ...... .. ....... .

3. DISTRICT FUNDING OF ELIEPROJECTS. ....................
3.A. AUTHORlTY Responsibility and Performance Obligation. .......
3.B. DIJSTRICT Furidirig. ............. ..... ......... ........ .1o
3.C. Additional Furiding ................ ...................... ...
3.D. Trust Agrgiement ........ ........... .... ... ......... 20
3.E. DISTRICT Failure to Fund. ....................... ......
3.F. Funding Confihgencies ..................................

4. RECOV ERYSTRATEGY .................................. .
4.A. PhasedReductions. ...................................... 24
4.B. OPERATIONS 9PAN.oefatioms at.......................
4.C. Allocation of Reductions................................... 20

5, QONSOLIDATED PERMIT ................................... 2.
5.A rpos ............................................... .
5.B, ForWifelfd PermJts Pending Admjnistrative Proceedijg. .... _
5.C. Other Existing W fellfild Permits .............................
5.D. New water ,jSpj ly -Ga pegt ............................... ..
5,E. Chater 120 Review. ....................................... _
5.F. Timing _fJIsuance of CONSOLIDATED PERIT. ........... 31






(WED)02. 18' 98 17:06/ST. 17:04/NO. 3560406504 P 4


DRAFT
February 18, 1998 For Discussion Purposes Only, Subject to Revision

5.G. Settlement andDismissal of Pending Administrative Proceeding.
-,=o-- ..-,t .-................ ,............
5.H. Chapter 120 Time E tensions ...............................
5.1. Non4issuance of CO.NSOLIDATED PERMIT. ...................
5.J. Cross Default. .............................................
5 K. Remdi.es Cuthulative. ................................


6. LAND ACQUISITION.' ...................


7. CONSERVATION AID REUSE. ..............
7.A. Demand Management. ...............
7.B. Demand Manaaement Co-Fundinq ......
7.C. WUCAlRule ......................


8. ALTERNATIVE DISPUTE RESOLUTION. .....
8.A. .Y]ater Conrsortium, ..................
8.B. Dispute Resolution Process. ..........


9. COMPLIANCE WITH APPLICABLE LAW ......


10. ASS GIE _TI ..........................


11. THIRD PARTY BENEFICIARIES. .............


12. MODJIICAnONS. .........................

13. DOCUMENTS .............. ............


14. LIMITATION QLIABILIY. ........ ......
14.A. Waiver of Mo6itar Damages .........
14.8. L~bility for Mitiation ..............
14.C. Liquidated Damages. ................


15. EFFECTIVE.DATE. .......................


16. EXTENSION OF TJM. ..................
16.A, Performance PreVented. ...........
16.B. Required Notice. ....................


17. GOVERNINGLAW. .......................


FROM FOWLER, WHITE, 8132280055


. . . . . .


. . . ~ . .
. . . . . .


.,,, .. . ,
. . . . .


. . .. . .
-. 1. 1. 1 ... .
. . . . ,


. .. . . .


. . . .




. ,. ..., .

- 1 .... . .




. . . .
. . . I l. . .


. . . . ., 1 ,
.....................






S . . . . .


, .. . . .






(WED)02. 18'98 17:06/ST. 17:04/NO. 3560406504 P 5


DRAFT
February 18, 1998 -For Discussion Purposes Only Subject to Revision


18. TIM .............


19.

20.

21.








22.

23.

24.

25.

26.

27.

28.

29.

30.


DISTRICT'S EUJLATY AUTHORITY. ..........

EX BATJONPD A.TE. ............................

TERMINATION................... ...............
21.A. RiJht to Adequate Assurance of Perfomrmance -
r . 0. . .. . . . .
21.B. Events of Terrminjtio. ....................
21.C. Ntice and Cure. ........................
21.D. APsociated Changes to Permit .............




NON-W ................... ............

DISMISSAL OF ACTIONS ......................

RULE WAIVER / VARIANCE. ....................

LO _T fC E. .....................................

CONSTRUCTION OF AGREEMENT .............

COMPLIANCEDATE S.........................

JE3PADILGS, ..................................

,COOPERATION. ................................


31. VE E. ...........


~~-


FROM FOWLER, WHITE, 8132280055


.. .... .. .



. ... .. .



Anticipatory Breach.


. . . ... .
. .. .. .. ... .. .. 4 4

. . .. .. . .4
.. .... .......... 4 4


. . . . 4

...... ...... 46

. . . . 4

... .. .. ... .. .. 40




. . . .. 4

. . . .
-- ....... 4





(WED)02. 18'98 17:06/ST. 17:04/NO. 3560406504 P 6


DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision






NORTHERN TAMPA BAY
NEW WATER SUPPLY AND GROUND WATER WITHDRAWAL
REDUTIOVNAGREEMENT
BETWEEN
WEST COAST REGIONAL WATER SUPPLY AUTHORITY,
HILLSBOROUGH COUNTY,
PASCO COUNTY,
PINELLAS COUNTY,
CITY OF TAMPA,
CITY OF ST. PETERSBURG,
CITY OF NEW PORT RICHEY,
AND
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT



1 THIS AGREEMENT is made and entered into by and between the WEST COAST

2 REGIONAL WATER SUPPLY AUTHORITY, an interlocal governmental agency created

3 and existing pursuant to Secs. 373.1962 and 163.01, Fla. Stat. Fo rid- Stattes, acting by

4 and through its Board of Directors, whose address is 2535 Landmark Drive, Suite 211,

5 Clearwater, Florida 33761, herein referred to as "AUTHORITY"; HILLSBOROUGH

6 COUNTY, a political subdivision of the State of Florida, whose address is 601 E. Kennedy

7 Boulevard, Tampa, Florida 33602, herein referred to as "HILLSBOROUGH"; PASCO

8 COUNTY, a political subdivision of the State of Florida, whose address is 7530 Little Road,

9 NewPort Richey, Florida 34654, herein referred to as "PASCO"; PINELLAS COUNTY, a

:10 political subdivision of the State of Florida, whose address is 315 Court Street, Clearwater,


FROM FOWLER, WHITE, 8132280055





(WED)02. 18' 98 17:07/ST. 17:04/NO. 3560406504 P 7


DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 Florida 34616, herein referred to as "PINELLAS"; the CITY OF TAMPA, a municipal

2 corporation of the State of Florida, whose address is 306 E. Jackson Street, Tampa,

3 Florida 33602, herein referred to as 'TAMPA"; the CITY OF ST. PETERSBURG, a

4 municipal corporation of the State of Florida, whose address is P. O. Box 2842, 175 Fifth

5 Street North, St. Petersburg, Florida 33731, herein referred to as "ST. PETERSBURG"; the

6 CITY OF NEW PORT RICHEY, a municipal corporation of the State of Florida, whose

7 address is 5919 Main Street, New Port Richey, Florida 34652, herein referred to as "NEW

8 PORT RICHEY" herein l.... e --ively refer. ed t.s "MEM R GOERNMETS"; and the

9 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the

10 State of Florida created and existing pursuant to Chapter 373,, Fla. Stat., whose address

11 is 2379 Broad Street, -Brooksville, Florida 34609-6899, hereih referred to as "DISTRICT",

12 for itself and on behalf of the ALAFIA RIVER BASIN BOARD, the COASTAL RIVERS

13 BASIN BOARD, the HILLSBOROUGH RIVER BASIN BOARD, the NORTHWEST

14 HILLSBOROUGH BASIN BOARD, the PINELLAS-ANCLOTE RIVER BASIN BOARD, and

15 the WITHLACOOCHEE RIVER BASIN BOARD, herein collectively referred to as "BASIN

16 BOARDS", HJJLLSBOROUGLP.ACO, PINEJ--AS, TAMPA. ST_ PETERSBURG and

17 NEW PORT RICHEY shall be collectively referred to herein as "MEMBER

18 'GOVERNMENTS." The parties to this AGREEMENT are the DISTRICT, the AUTHORITY,

19 HILLSBOROUGH, PASCO, PINELLAS, TAMPA, ST. PETERSBURG, and NEW PORT

20 RICHEY.

21 WITNESSETH:


FROM FOWLER, WHITE, 8132280055





(WED)02. 18'98 17:07/ST. 17:04/NO. 3560406504 P 8


DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 WHEREAS, pursuant to Chapter 373, Fla. Stat., the DISTRICT has the statutory

2 responsibility to protect, manage and conserve the water resources within the

3 DISTRCT-Distfict; and

4 WHEREAS, the AUTHORITY was created in 1974 for the purpose of developing,

5 storing and supplying water for county and municipal services in a manner as will give

6 priority to reducing the adverse environmental effects of excessive or improper withdrawals

7 of water from concentrated areas; and

8 WHEREAS, the 1997 Legislature recognized the need for coordination between

9 water management districts, regional water supply authorities, and local governments and

o0 provided clear direction as to each entity's respective role in ensuring that sufficient water

11 is available for all existing and future reasonable-beneficial uses and natural systems, while

]2 avoiding the adverse effects of competition for water supplies; and

13 WHEREAS, the 1997 Legislature has made it clear that the proper role of the water

14 management districts in water supply is primarily planning and water resource

15 development, and the proper role of local government and regional water supply authorities

1,6 is primarily water supply development; and

17 WHEREAS, the AUTHORITY, MEMBER GOVERNMENTS and the DISTRICT

18 agree that it is in the best interest of all the parties and the public that the parties work

19 together toward accomplishing their respective statutory responsibilities including, but not

20 limited to, those set forth in Secs. 373.0361, 373.0421, 373.0831 and 373.1963, Fla. Stat.,

21 including the-coordination and development of new and additional water supplies to meet


FROM FOWLER, WHITE, 8132280055





FROM FOWLER, WHITE, 8132280055 (WED)02. 18' 98 17:07/ST. 17:04/NO. 3560406504 P 9



DRAFT,
February 18, 1998 For Discussion Purposes Only Subject to Revision

I existing and future demands of the Northern Tampa Bay area in such a manner as will give

2 priority to reducing adverse environmental effects of improper or excessive withdrawals of

3 water from concentrated areas.

4 NOW, THEREFORE, the AUTHORITY, MEMBER GOVERNMENTS and the

5 DISTRICT, in consideration of the mutual terms, covenants and conditions set forth herein,

6 agree as follows:

7 In the foiHowfg tbiAAgreeGent REEMENT the following terms will have the

8 meanings set forth:

9 "CONSOLIDATED PERMIT' shall mean the Water Use Permit addressed

.10 in paragraph 5 of this AGREEMENT which, upon issuance, would consolidate into one

1.1 permit the existing Water Use Permits for the eleven wellfields listed in Exhibit A 4,

12 together with her-Waters i A EEMENT, under which

13 the AUTHORITY would be the sole permitted. The CONSOLIDATED PERMIT shall be

14 in etfbsteriataiy the form attached as Exhibit B 6 to this AGREEMENT, and shalJexpj

15 December 31. 2010.

16 "ELIJIBLE PROJECT" shall mean a new water supply development project V/

17 including an alternative source of potable water, excluding around water sources, and

18 .transmission pipelines to interconnect regionally significant water supply sources and

19 facilities of the'AUTHORITY, which is approved by the DISTRICT for co-funding pursuant

20 to subparagraph 3.B. of this AGREEMENT.





(WED)02. 18'98 17:07/ST. 17:04/NO. 3560406504 P 10


DRAFT
February 1,. 1998 For Discussion Purposes Only Subject to.Revision
1 "FUNDING AGREEMENT' shall mean a contract between the AUTHORITY

2 and-the DISTRICT, subsanttiy in the form attached as Exhibit ( 2 to this AGREEMENT,

3 governing the design, construction and funding of an ELIGIBLE PROJECT.

4 'INELIGIBLE PROJECT" shall mean a new water supplyyelomenJprot

5 pftdtutf.-eftig.jotv r,- tepis, which is not approved by the

6 DISTRICT for co-funding pursuant to subparagraph 3.B. of this AGREEMENT.

7 "INTERLOCAL AGREEMENT" shall mean that certain Amended and

8 Restated Interlocal Agreement, by and among the MEMBER GOVERNMENTS, dated as

9 of April 1 2, 1998, as the same may be amended or supplemented from time to time.

10 Such Amended and Restated Interlocal Agreement shall be the successor instrument to

11 the Interlocal Agreement, dated October 25, 1974, as amended, among Hillsborough,

12 Pasco, Pinellas, St. Petersburg and Tampa. fAMEND t f-ER-TOREFLEGT- AGTUA:f

13 AGREEfNq

14 'NEW WATER PLAN" shall mean the written proposal to be submitted by the

15 AUTHORITY for the development of PROJECTS, and- INELIIBEPR-,ECTS which

16 shall include the details calleO for in subparagraph 2.B. of this AGREEMENT.

17 "OPERATIONS PLAN" shall mean that document to be submitted by the

18 AUTHORITY pursuant to subparagraph 4.8. for DISTRICT review and approval, which

19 shall govern bhw the AUTHORITY will manage and operate tbhe_ 1 wellfields listed in

.20 Exhibit A as well asompjetd PROJECTS s facet the wat

21 017 -teft _ES, and the-managemen f f tr prodio,


FROM FOWLER,WHITE, 8132280055





(WED)02. 18' 98 17:08/ST. 17:04/NO. 3560406504 P 11


DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 AtreEtment-E1^ransssIor itfI t-b this AGREMENT in order to t-

2 failiat r achieve the objectives of this AGREEMENT.

3 Ra TJEC_.S" shallmnea.L LIGJ3LE PROJECTS and INELIGIBLE

4 PROJECTS proposed by the AUTHORITY.
me w6E" 5-sNt4C C F-OmA LAIN \7-la-it.
5 1. OBJECTIVES OF THE AGREEMENT. The parties shall cooperate with one

6 another to achieve the following objectives in accordance with the terms and conditions of

7 this AGREEMENT:

8 1.A. .DevejopretoJfNeW aiterSuppJy aacity Develop at least eighty-five

9 million gallons per day (85 mgd) annual average of new water supply capacity for regional

10 distribution by the AUTHORITY to the MEMBER GOVERNMENTS-thrdogh-ttre

11 A tIFGRf Y- as of December 31, 2007;

12 1.B. Reduction of Pumpaae. Reduce the permitted pumpage from the eleven

13 existing wellfields listed:on Exhibit A 4 to no more than one hundred twenty-one (121)

14 million gallons per day annual average as of December 31, 2002 through December 30.

15 200, and to no more than ninety (90) million gallons per day annual average as of

16 December 31, 2007 through December 31. 201. HA rL IiIJ .

17 .Rnvir.enmntal tr7ses Compliance with Jhe quantity limitations set forth in this a

18 AGREE~JEJNLTsabeal.L"hAedn a 12-month running average begininrnJardj &ee.ttingon Af

19 thedates secfied. 4

20 1 .C. 'End gti.gn.J, End existing litigation and administrative hearings and avoid

21 future litigation and administrative hearings among the parties; and


FROM FOWLER, WHITE, 8132280055





FROM FOWLER, WHITE, 8132280055 (WED) 02. 18' 98 17:08/ST. 17:04/NO. 3560406504 P 12



DRAFT
February 18, 1998 r For Discussion Purposes Only Subject to Revision

1 1.D. DISTRICT FiijapnialAssistance. Establish a process for the DISTRICT to

2 provide financial assistance to the AUTHORITY to enable the AUTHORITY to achieve

3 objectives 1.A. and 1 B. above.

4 ePlancftWihe tititationsserthithisgementshalte-based or a 12-

5 1m1 ,-th r a age beginning,, ard r-ett-ing -on the dates specffied-

6 2. DEVELOPMENT OF NEW WATER SUPPLY CGPAGIT .

7 2.A. Surmiss jo o fNEW WATER PLAI. By July 1, 1.998, the AUTHORITY shall

8 prepare and submit to the DISTRICT a preliminary NEyWYATER PLAN, and by Januo

9 4. 1999 shall prepare and submit to the DISTRICT a final NEW WATERLAN. describing

10 PROJECTS and "NEL"GIBLE PROJECTS which, upon construction, shall provide an

11 annual average of at least 85 mgd of new water supply-cap~ety .The approved final NEW

12 WATER PLAN must contain ELIGIBLE PROJECTS wcc tohj D1 w hi h v

13 would utilize tth_fulJ amountof" DISTICT co-funding under supaagraph 3.B. As of

14 December 31, 2002, the AUTHORITY shall have one or more PROJECTS end

15 INEIGIBLE -PR ECEGTS p iE~ jegL constructed, in operation, and pyrovdngcnsistent

16 withthe OPERATIONS PLAN.: capable of produerig an annual average quantity of at least

1,7 38 mgd of new water supply eapeeity for regional distribution to the MEMBER

18 GOVERNMENTS. As.of December 31, 2007, the AUTHORITY shall have the remaining

19 PROJECTS permtt.eA and- NECLGIBLE 'PReJCETS constructed, in operation and

20 providing consistent with the OPERATIONS PLAN. eaabe~ f prod cng an annual

21 average quantity of at'least 85'mgd (inclusive of the 38 mgd) of new water supply eapacity





FROM FOWLER, WHITE, 8132280055 (WED) 02. 18' 98 17:08/ST. 17:04/NO. 3560406504 P 13



DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 for regional distribution to the MEMBER GOVERNMENTS. Nothing herein shall be

2 construed to preventthe AUTHORITY from having more new water supply permitted.

3 capacity constructed, In operation and providing water eapeabeof-produ at earlier

4 dates.

5 2.B. NEW WATER PA P Contets. At a minimum, the NEV.-WAV ER PLAN

6 shall describe each PROJECT &an#. EL'GE PROGECT and shall provide the following

7 information for each:

8 (1) IThe estimated amount of new water supply capacity to be produced


and available for distribution;

(2) the projected date when each could i-expeete&t be in operation

and when the new water supply cQlg ecpacittywif be available for

regional distribution to the MEMBER GOVERNMENTS;

.(3) the estimated cost of design. development. permrtting. construction,

operations r a eon;

(4) the estimated unit cost of the water; and

(5) the expected funding sources, including how much is expected from

each funding source and when DISTRICT funding pursuant to this

AGREEMENT cq ud 4wit be required.

With respect to providing the information required by subparagraph 2.B.(5) above, the

information shall be consistent with the schedule and limitations reflected on Exhibits C 2


9

TO

'11

12

13

14

15

16

17

18

19

20.





FROM FOWLER, WHITE, 8132280055 (WED) 02. 18' 98 17:08/ST. 17:04/NO. 3560406504 P 14



DRAFT
February '18, 1998 r For Discussion Purposes Only Subject to .Revision

1 (New Water Source Funding Agreement); 2 3 (Funding Criteria) and E 4 (SWFWMD
2 Annual Funding) consistent with the requirements of subparagraph 3.B. below.

3 2.C. Preliminary NEW WATER PLAN Development. The AUTHORITY shall

4 keep the DISTRICT advised of the AUTHORITY's planning and progress toward
5 completion of the prlimiiary NEW WATER PLAN. By Aprit ay1, 1998, porjadinten (10a )

6 pdayL sfopljqPdngtb.ctai; ofbis AGEEMENTfichr aterthe AUTHORITY

7 shall meet with the DISTRICT staff to discuss the details of the AUTHORITY's July 1, 1998

8 preliminary NEW WATER PLAN submittals, at which time the AUTHORITY shall provide

9 the DISTRICT with-a current draft of the submittals. The AUTHORITY shall furnish the

10 DISTRICT with an original and 11 copies of the preliminaDIyW WATERJ PLAN,-in final

11 forr as soon as possible, but in any event no later than July 1, 1998.

12 2.D. .reliminar. NE3WATER. PLA N Review. Within ninety (90) days of receipt

13 of the preiininary NEW WATER PLAN, [or any odificaton thcr the District shall

14 complete is review of-the preliminary NEW WATER PLANfo dnd in its sole

15 discretion, .approve or disprove aJJPj ayjortipn thereowhich the DIST

S16 determines to be inconsistent with Objectives A. or 1.B of *this AGREE INT the

17 CONSOLIDATED PERMIT, and applicable law. approve or s e all or any portion

I8 thereof which the DITRICT determirm (e saftisft Obiectives 1 A. and 1q Of this

19 A~EtST aeptble. If all or part of the preliminary NEW WATER PLANfr V

20 fQdification is disapproved, the DISTRICT shall advise the AUTHORITY in writing of the

21 reasons for the DISTRICT's disapproval, -,,oding,, vIthout limitation, apparent n





FROM FOWLER, WHITE, 8132280055 (WED)02. 18' 98 17:09/ST. 17:04/NO. 3560406504 P 15



DRAFT
February,18, 1998 For Discussion Purposes Only Subject to.Revision

I olrmpliacIe with the DI|TRICtPs .n.dit IoS for issuan e-ofWater-tise-Permits. The

2 DISTRICT shall provide in writing to the AUTHORITY a listing of the ELfGIBE-PROJECTS

3 which appear to' be ELIGBI 'JPrQJECTSfer the ---SR will pr*--'de-f the

4 estimated amount of funding and the terms under which said funds will be made available

5 to the AUTHORITY; provided, nevertheless, that both the commitment to fund and the

6 amount of funding shall be subject to the AUTHORITY and DISTRICT entering a

7 FUNDING AGREEMENT as provided herein. DISTRICT approval of all or part of the

8 ellminary NEW WATER PLAN r m~iedf tioshall not constitute a permit. The parties

9 acknowledge thatthtthe preliminary NEWY AIER PLAN is conceptual in nature and that the

10 actual cost of funding a particular ELGIBLE PROJECT will be unknown until such time as

11 a Water Use Permit and any and all other governmental permits and approvals are

,12 obtained and construction contracts are awarded. The AUTHORITY shall make

13 appropriate changes to the preliminary NEWYWATER PLAN to adequately address the

14 DISTRICT's reasons for any disapprovals, which changes shall likewise be subject to

15 DISTRICT, review and approval in accordance with this subparagraph. thin t..t. ) /

16 ,vofthia ,- t f- t ST,''Is w;-ttoin disenerval. d io AUT#H dRITY du t- ,u make /
16 V

17 auch CaMs and does not submit a pel r jJiminary JWATLR PLAN acceptable- to thc v

18 D~ISTRCT sfficint to implement the reductions conemaeLy Gli AR.,MENT, thVs

19 e GR MFLNT ,idll be terminated .-Ipuruanqt to paragraph 21J v

20 2.E inal NEW WATER PLAN Development. The AUTHORITYshall keep the

21 DISTRICT advised of the AUTHORITY's planning and progress toward completion of the


-10-





FROM FOWLER, WHITE, 8132280055 (WED)02. 18'98 17:09/ST. 17:04/NO. 3560406504 P 16



DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 fiaL NEW WATER PLAN.F B Npovember 1. 1996. the AUTHORITY shall'meet vwyith

2 DISTRICT staff to discuss the details of the AUTHORITY's January 4 199B' final NEW

3 WATER PLAN submittals., atwbih time the AUTHORITY shallprovide the DISTRICT wiJt

4 a current draftof the s'ubmitfals. The AUTHORITY shall furnish the DISTRICT with an

S5 original and 11 _coPjs of the final NEW WATER PLA as soon as PossiblIebuin any

6 event no later than Janiuary 41999

7 ,. Final NEWYWA V ~IERLAN Review. -PRoJ h -ue. 'iui /
No
S St fir.t rouegt f.r fudi.n. a. ,,i no-ev ai glan January 4. 1999. thpeJUTHOQRITY

.9 shall provide the DISTRICT with the AUTHORITY's final NEW WATER PLAN.6w c m1 V

S10 hao'. .r, niol proved by th, AUTHORITY' Boa r. Th, final NEW WATER /

11 PLAN.e,01_ aprov-eshaHl include all updated information required by subparagraph 2.1B. V

J2 a eJ aa schedule of all the sjgnifint and critical events Jn desiJnihg, permitting.

13 funding. ontractna for and construction the PROJECTS capable of oroducino at least 9
Sehe upaleM \WVfviQjrAw 4'k4IH pvbride tk. dak& wWelit WAA

PBAM Tr 15 eypeeAk 1z lt U. optv4i-M acW4< t Mu1 "M Lew Waka yiwip 6' e av
16 pem ,i fwr cntr acftirf~o-d a nstructi t, e pROJCTS paj f pro
-e lKi ;: ", I
17 t least 5 .f.w wa.ter upply- The schedule shall be insufficient detail so that the

18 DISTRICT can monitor the AUTH ORITY'sprogress towards completing the PROJECTS

19 in a tirmely manner so as to meeting Objectives A,and 1.B. of this AGREEMENT. The

20 DISTRICT shal rJew the ehedes the finalJ Npy after Plar. sixtvf~ayphei

21 reeit mthe-- A-T" Rff and Within ninety (90) days of receipt of the finalNEW


-11-





(WED)02. 18'98 17:09/ST. 17:04/NO. 3560406504 P 17


2

3

4

5

6

7

S

9

10

11

12

13

14

15

16

17

is
18

.19

20

21


DRAFT
February 18, 1998 For Di4cussion Purposes Only Subject to Revision

ATER PLAN. the DISTRICT shall. its sole discrejn, approve dis disapprove all or any

portion therefwhiich the DISTRICT determines to be inconsistent with Objectives 1.A. or

fhs AGREEME, ,the'. CONSOLIDJTD PERMIT a_aplicable law, LaJLpor oart

of the final NEW WATER PLAN is ehedul es-r disapproved, the DISTRICT shall advise

thV AUTHORITY in wrjitina f the reasons.for the DISTRICTs djsp.proval. DOSTPR

approval of all or part of the'final NEW WATER PLAN., or modification shall not constitute

a--







2.G. NE_ WATER PLAN Modification, The AUTHORITY may modify theNEW

Y3AER PLAN with the written approval of the DISTRICT, which approval shall not be

unreasonably withheld so lqng as such modification is consistent with te purposes

Objectives A. and 1.B. df this AGREEMENT, the CONSOLIDATED PERMIT, and

applicable law, and would noi otherwise result in a delay in achieving the new water supply

capacity and the reductions -if ground water withdrawals required by this AGREEMENT.

The procedure for DISTRICT review and approval or disapproval of the modification shall
-he proce5 4 ihe tvieyU of t1oie Rfvool M6WlJ UVT61L PLkJ Ivi LmeagP
be as fort



.,ren ,ovelodisapp..roe--, al~ o~,yErtio, therof which thh Ri"TKPCT

dG1.rte n.E o benSint 11Ah'h^ n 1R I f thB n nrOpFU..4-


2. F.


FROM FOWLER, WHITE, 8 1322800 55





FROM FOWLER, WHITE, 8132280055 (WED)02. 18' 98 17:10/ST. 17:04/NO, 3560406504 P 18



DRAFT
February 18, 1998 --For DiscLission Purposes Only Subject to Revision

r coNsLI,'-E__P.,EBLTad .ap liable law. If all or part of th opp./ g ojdfjacto

2 disarove the DISTRICT"shaJladvJsethe AUTHORiT~ writing of the reasons for

3 the DISTRICT'S dTisapi val. 0DISTR1CT papprva~oljof the modification shall not

constitute a ermitifjwj l't]it (30) da f s he receipt of the DISTRICT's written J

5 disapproval. thiAUJ-AQRJTYoes no such changes and does not .subit a reyjsej

6 modification acceptable to the RT efficient to implement the reduction

7 cprplated by this AGR": ENT, the modifica a e .etionaein j3 c dSit any

.8 currently approed NW WATER PLAN shall remain fect and bJnding on the

9 AUTHQRIy).

10 2.H. PROJECT Permitting. As seen as-p-issb t ir e t b' late -th" a

I1 I DATE], the AUTI IORITY thall have filed a'l permit applicatiros wthh all ppreiate

12 gewernmmeta agencies for.PROJECTS and INELIGIBLr EPROdT-s identified im

13 PLAN. .With-respec to-Athos ePRJEG,,S andP .,,,INELI C ,, TS heaterer

14 -uei'ng at kfl 3 igmd of water supplyy capaely, the A0TI=ORITY shell hae ffev d

15 alpertappliations v.th al aI ppro.iate g oventrrnental a sn

16 days-fot oing e TRICTS's pp l of he PA.-The AUTHORITY shall expedite

17 the preparation and filing of all permit applications for the development of PROJECTS that

,18 are to be developed pursuant to the atL eppspyed fWJ.ATEJN- rnd- NE-LIUkE

.19 fRedOJE S.. 4" d-itio In the case of applications for DISTRICT permits, the

20 AUTHORITY shall provide timely, full and complete responses to the DISTRICT's request

21 for additional .information, The DISTRICT shall give priority to, and expedite action on, any





FROM FOWLER, WHITE. 8132280055 (WED)02. 18'98 17:10/ST, 17:04/NO. 3560406504 P 19



DRAFT
February 18, 1998 For Discussion Purposes Only SubjeCt to Revisiont

1 permit applications submitted pursuant to this AGREEMENT for PROJECTS.ta are to be
-fiial
2 developed pursLant to. the aoprgovedNEW WATER PLAN. The DISTRICT and

:3 AUTHORITY -also agree to have pre-application conferences designed to help the

4 AUTHORITY file a-complete applications.
Followiiig ile DIsTIZnIT', appvrov of ie viwal
5 2.ie., Funding Reouests. Wt i-:- ninety dayf ( la) LLowing th DISTRICT's V
Nk'JW WAT- PILAW rte ln*v\ wIo I fi le i1s vtue t ktv fvvuldi pv;iMf* t'
6 approval of-e PN the AHR Y-e


8 midpropose-tirme table forexecutiorrnf-iUNDING-AGREMLNTS and disbursemeuItf

9 f'nds-The AUTHORITY's requests for funding for particular ELIIBLE PROJECTS must

10 include sufficient information to enable the DISTRICT to make an informed judgment

1 whether or not to approve the request prior to entering into a FUNDING AGREEMENT.

.12 The DJISTIJ gistriet shall complete its review of the funding request within sixty (60)

13 days of its receipt from the AUTHORITY and approve or disapprove all'or any portion

14 -thereof which the DISTRICT'determines to be unacceptable. If all or part of the funding

15 request is disapproved, the' DISTRICT shall advise the AUTHORITY in writing of the

16 reasons for the DISTRICT's disapproval. If the request is approved, the DISTRICT shall

17 advise the AUTHORITY In writing of the estimated amount of funds that will be made

18 available for. such EL~IgJ PROJECT.. V.e-.. entry i .

19 A ,_ r'-r -sr6 bIi,.. o t.I..L of ......t .e. --. reii i. 1 .f d bJI -- I...L r D IS R T V
19


21 0* e 3a T l1
2.1 .*_.!p ,, r .k .the D STRIC- hms e.tablished. the Trust Areem nt descib.ed s r
~2o ae~B448 ~ '1eEIJt"I


-14-





FROM FOWLER, WHITE, 8132280055 (WED)02. 18' 98 17:10/ST. 17:04/NO. 3560406504 P 20



DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 2,IH. Progress Reapots, The AUTHORITY shall keep the DISTRICT informed of

2 the progress toward impleiertatjpio f the approved finallEW_ WATER .PLAN and

3 construction of the PROJ1tTS f- i-e ..a.....Ti of an-""'nd 'T --'

4 ,NELIGB. E-PRJECT~S, ard shall agdpJJy furnish the DISTRICT upon request such

5 information as is necessary arid appropriate toward this end. In addition, the AUTHORITY

6 shall provide such additional information, and take such other steps to keep the.DISTRICT

7 informed of progress, as may be required by the terms of the DISTRICTs FUNDING

g AGREEMENT. Beginning on July 1, 1999, and each July 1 thereafter until the PROJECTS

9 and INLIGILE PRERCTfS are constructed and fully operational, the AUTHORITY shall,

10 in additionlprepare and submit to the DISTRICT an annual report that describes in detail

11 the progress that has been made toward implementation of the approved final NEW

12 Yy/-AER PLAN and construction of the PROJECTS and INELIGIBLE PROJECTS.

13 3. DISTRICTJFUNDING OF ELIGIBLE.PROJECTS.

14 3.A AUTHORITY. Responsibility and Performance Obligation. Ib
approved
15 AUTHORITY shall fully and tineljmolem theAfinal NEW ATER PLAN ept.
16 _rrn, h, r fliTrI-ITi the'AUTHORITY shall have the ultimate resdohsibilitv for the /


17

18

19

20
21


planning, construction and operation of all PROJECTS5i m-nt-d puruant-to- th

approved final NEW elprSJeLAd f...nW-sw fyheretnifiesp anfe.





frmdipe4y tt e n Fibu~e tlhe BISTRICT for any arid-off funds~ paid by the


-15-






FROM FOWLER, WHITE, 8132280055 (WED)02. 18'98 17:11/ST. 17:04/NO. 3560406504 P 21


1

2

3

4

5

6

7

8

9

10

11

12

13

14

'15

16

17

S18

19

20

21


-16-


DRAFT
February 18, 1998 Foi Discussion Purposes Only Subject to ReviSion










rgTRi- ttaf f -b
T~- R I C-T, pw t agra~ph3. T-h'sobligation to reiii'.1Lurse-theSR1f Tsh8H-b
~~~~~~1 b,.. i odn i~~~lpior~c o~ opel to the DiSTJIT- to bwqe.

~exeted sirmultameeoIy with the funding of the Trust purmu",t tasubpg~ap

3.13. DTRC iidipria. S~bja to ft~ terrmi and con-ditipms of -this

Al~fREEMENT, the Di$STRfGT- gree9,ta provide up toe m6 h dhr~deight-4hreeimHe",-

unehoiatised feur huindred- nJiysx--or--$a;OO1 ,49G) to bnp ti~ed by the

YUIORT f'o1 ihe ffv!6m 1f PREHECS- ;e fer fodnding Pursuat t thiS



amd limi tiam re laed an ExHibits 2, 3, 4 end~ 5 and be used to oover "E"Oble PREOjLCT



!ms~ jJ H ~ RT e-jW9 pfereu to develop -Rf; P~jEGT-, the AUTI IEORITY( anid

11211fC '%sha ILV Ca WtVUANDIG AGRLEEMENT which w~ill detoil the terms an-d oondt'35--0

b, mohXic DIS .TRIC6T fmids will bo disbur3ei.





ofuee vf-Jmd 6a dwmk -difoil. ftinds for eastrtjeti~m of "iptdodifiea ;oter stippy



effvtiemi f theI'AGREEMENT-.


~~ ~, ~I Land~1t






FROM FOWLER, WHITE, 8132280055 (WED) 02. 18' 98 17:11/ST. 17:04/NO. 3560406504 P 22



DRAFT
February 18, 1998 For DisCussion Purposes Only Sqbject fo ,evision

.1 (S100,0 0,0.0)I for th" benefit of ani se by the AUTI OR, ff W, d-e epm ent-of

2 as5 par-t of the finding described in supaa.graph 3.D. (the "Inra, ,ndr,,

3 Requirement"). Th Tust shl be faded no later thn ninety (9) days follwtg the later

4 of he ), the. d upon which, the DISTRICT pros.. LAN, 2) the

Se .. pray th T aa 3) Ilie dJte p on whi" h INTLr LCAL AGREEMENT


7 i I eI -c-. VLThe Ien itiaI' Fnding ReIq-irement may b. comprised of lreti-II
8 ah amoi.nf of less then S [LCRIrFAMOUNl availablel eby DATE:]

9 enFISiStert hi~th Ehtbit 4J and a $ [VECRIFY AMOUNT] Cr.edit Facility, such

10 8a mtaijy agreeable "t6r 4f credit or rety bLnd from. a ftniciaHiatituition. The

1 Crt ra" l. hai- he. -AUT110RITY, -o-drw -a t ny t th x tlthe

12 AUT1 IORflY is cinttied to funding uider thi AGRLEELMEfT FUd NDiae FUNING
13 AGRE EMNT S f ~ERNT rtent-

14 DITRICT has failed to appaate sch amount to which the AUTI 1ROITY -iso e tit-ed

15 ir Fibt T Credit reality hal have term of fiv (5) year fFe h-dte-ts

1.6 .establishIent. te.m and nSits of the hCredit Fraility %Ll P- Iaa yl acceptable

17 to ~h JUTH YRfP- nd- DITR .

. 18' l 'costs and expenses, of the DISTRICT assci-ated with te Credit Facility shil be

19 deduted from the total ,unt tHe subsequent yew's funding requirmnt-ft

S:20xhibit 4. The H nepit any nece funds to hi

21 "ha -- a:L:, 4 ;ubpaiagr ph 3,rP.) to th Trust by April 1


-17-






FROM FOWLER, WHITE. 8132280055 (WED)02. 18'98 17:11/ST. 17:04/NO. 3560406504 P 23



DRAFT '
February 18, 1998 For Discussion Purposes Only- Subject to Revision

I of each fisca ut Trt ust bla--e equa tho ttah-appropriatin -thro~l g O7
.2 according ig to Exhibit 4. The Trustee .hall disburse to the AUTI 1ORIY cnsistent with thIe,

3 --st Agreerment f-rm thprp s in t,,hIV Trust an a,,- ount-consistAnt,-', wi 0 th is


5 -to 0. hofi-the DISTRICT fil to dcpot-funds-fof-PRJECTS i. iolon-othis
6 .- -AG ,-L.,.- and ,-e r, N,,lNG 4CS,-r, the T,-u tee ,Thall stand i-the-pcaef



8 A-greement to. disu I \l rem~Inig'fids3 in the Trustt l the AUTI 1DRITY in the safe




\ PRO.Sh reamn, under pa..agpn 21"

12 ith th DITRT'S f6re to fund the sunI pifed i -bp ragrph .., ten

13 the Trust Agrecjmnt. '. rFUNDING AGREMENTS and e btigatiFn&* he DIGSTRICT



15 payment 'fr any outsandig Eligibl R TCostunder the FUNDING

16 AGRccEEMENTS, shall bo ,ettdre tDSTRITpsunH h Tru3t Agreerment.

17 3.B. DISTRICT Funding. Subject to the terms .and conditions of this

18 AGREEMENT, the DISTRICt agrees to provide up to one hundred eighty-three million,

19 one thousand four hundred ninety-six, dollars ($183,001,496) to be used by the

20 AUTHORITY for the developMRent of ELIGIBLE PROJECTS whi defined, excludes

21 ground water source s ppf0veddor-ffeittndgpuuant to i AG LMNT. DISTRICT

-18-





FROM FOWLER, WHITE. 8132280055 (WED) 02. 18' 98 17:11/ST. 17:04/NO. 3560406504 P 24



DRAFT
February 18, 1998'- For Dfscussion Purposes Only Subject to Revision

1 funds shall be made available:in accordance with the schedule and limitations reflected on

-2 Exhibits D. E and F, 2 4 d 5 and be used to cover ""Eligible"PROJ_ o \/

3 .OSTS" as defined in:the FUNDING AGREEMENT attached as Exhibit .2, At such time

4 as the AUTHORITY is prepared to develop a specific ELIGIBLE PROJECT, the

5 AUTHORITY and DISTRICT shall enter a FUNDING AGREEMENT which will detail the

6 terms and'conditions by vihich DISTRICT funds will be disbursed. Jw addition tothe specific

7 form of FUNDING AGREEMENT attached hereto as Exhibit C. the DISTRICT and the

8 AUTHORITY may enter into 6ther forms of agreement to effectuate different methods of

9 developing~ EL .EBLE _ROJECTS so lona as such agreements are consistent with the

:10 objectives of this AGREEMENT. For example. the AUTHORITY could propose to enter
1 into a production r output contract whereby the AUTHORITY makes no payments until the

12 ELIGIBLE..PROJECTis producing water of a specified quantity and auafity and agrees to

13 PjLrchaseL_ spe5_ifit.Auntij^^ o^ thef tE l, 'cas Va l'1
14 cduld merely provide for the DISTRICT to pay for a _poton of the waterover the term of

15 the production contract or the present value thereof a.fJLthe P pf rjacqs arl~rS

16 fotth in t)e production contact are met. The overall result of the drrarement would be the

17 same in that DISTRICT fuds ll be extended ata se level ffer ee e

18 -easQnabJe assurari.s tbatt anj, ELIGIBE PROJECT is eing. or has

19 en beegn.delopaed

20 3.C. Additional Fundina. The AUTHORITY and DISTRICT shall jointly and

21 cooperatively approach the Florida Legislature, the U.S. Congress, and other potential


-19-





FROM FOWLER, WHITE, 8132280055 (WED) 02. 18' 98 17:12/ST. 17:04/NO. 3560406504 P 25



DRAFT.
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 sources of funds to seek additionalI funds for the p relomeLp additionalpew wa
2 sugPies., c s ,,," r,,, "tie,,, 21 but such
2 suppjjes^ cotngtructron-o additional water supply facilities and Iand a ti, but such

3 funding shall not be a condition precedent to the effectiveness of this AGREEMENT.

4 3.. Trust Aareement. The DISTRICT, consistent with this AGREEMENT and

5 a mutually agreeable Trust Agreement substantially in the form of Exhibit f. 5, shall create

6 a-Trust withh' mutually agrable .financial institution to Raf)tel srt of One

7 Hundred Million DollBrs-and -1 doHlars ($100,000,000-ee) for the benefit of and use

g by the AUTHORITY for the development of ELIGIBLE PROJECTS as part of the funding

9 described in subparagraph 3.B. (the "riitial Funding Requirement"). The Trust shall be

10 funded atshe same tire he initial FUNDING AGREEMENT (or other fp of agrLeeent

11 provided for in subararph 3.B. is executed provided p thatall of the following events
12 have occnred by thbt da e:ft6atgrh rfletv 90i^s-fel ifte

13 U h1)to dato q ,n ,i..F,-eithe:DISTRICTaapprove the final NEW WATER PLAN, 2)
14 th dA-o u.n hi lthe DISTRICTs BASIN BOARDS have given all necessary approvals v

15 to provide funding' of' the Trust, Mn 3) Leh date upon w-ich] the INTERLOCAL v

16 AGREEMENT has become effective. .;-etthe g Lt g f tf, 'L'C.- 'L

17 AGRENTf-or ..c-fet e t .... f-....f ..t re-' The Initial

18 Funding -Requirement mary be comprised of an initial cash amount of not less than S

1.9 [VERIFY AMOUNT] (available by [DATE] consistent with Exhibit .

20 4) and a S_ [VERIFY AMOUNT] Credit Facility, such as'a mutually

21 agreeable letter of credit or slrety bond from a financial institution. The Crdit-Facilit shall


-20-





FROM FOWLER, WHITE, 8132280055 (WED)02. 18' 98 17:12/ST. 17:04/NO. 3560406504 P 26



DkAFT
February 18, 1998 -For DIscussipn Purposes Only Subject to Revision

S be drawn'obv the Trustee under its, terms and nlv to the extent that the DiSTRlCT fails

2 tf deposit funds as described In Exhibit E and to the extent amounts on deposit in the

T3 Trust are. sffcientrp by i executeDraw Reuestas defnedin the TIT

4 AGREEMENTpursunt tb valid FUNDING AGREEMENTS. The C edit ility TRUST

5 GFEE MENT:shall permit the AUTHORITY to draw amounts only to the extent the
6 AUTHORITY' is entitled to funding under this AGREEMENT and associated FUNDING

7 AGREEMENTS for specific projects ELIGaLE PROJETS-tnde-t. and

g only Io- f a -t_,ent the DISTRICT has failed to appropriate h .---o-unt' t wh-ch-t-e

9 At R"- i -so ent+u- er- hibit-+ The Credit Facility shall have a term.of five (5)

10 years from the date of its establishment. Terms and conditions of the Credit Facility shall

11 be BE mImMutually aareeable to the AUTHORITY and the DISTRICT. All

12 earnings on arriounts held' by the Trustee and all costs and expenses of the DISTRICT

13 associated with the Credit Facility shall be deducted from the total ,amount of the.

14 subsequent year's funding requirement as set forth in Exhibit E 4. The DISTRICT shall :'.

15 annually deposit any necessary funds to achieve the annual funds (in accordance with

16 Exhibit E 4 and subparagraph 3-D.) to the Trust by April 1 of each fiscal year until the Trust

17 balance opropriain equals the total appropriation through 2007 according to Exhibit E

18 4. Startig7 fiscal year 1lg9 and thereafter through fiscal yeaL2Q07 Fhe Trustee shall

19 disburse to the AUTHOR" Y eensrR t i''"Fit "e A GR 'C- E-from the proceeds

20 in the Trupt an amounts consistent with this AGREEMENT. the TRUST AGREEMENT

21 and the FUNDING AGREEMENTS-starg-~l year 1 99 ad theeafterf-o-297. Should


-21-





FROM FOWLER, WHITE. 8132280055 (WED)02. 18' 98 17:12/ST. 17:04/NO. 3560406504 P 27



DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

I the DISTRICT fail to deposit funds for ELIGIBLE PROJECTS in violation of this

2 AGREEMENT and the FUNDING AGREEMENTS, the Trustee sha! stand in the pe f

3 th DISTRICT anid h1all be authored a"-d directed in a"r with te; Trust

4 Agreement sha continued disburse all remaining funds in the Trust to the AUTHORITY

5 i,, the same manne asr the fluid should have been dibrS d -tj the DISTRICT in

6 accrdai- with his AGRr-EMENT consistent with this AGREEMENT and only to the

7 extent authorizpd by any FUN JING AGREEMEJ I (or other form of agreement provided

8 for in subpararaoh 3.B. apDroved by theDistrict. ':Such proceeds shall be used by the

9 AUTHORITY exclusively for El-JGIBJI PROJECTS. Should the AGREEMENT terminate

10 for any reason under paragraph 21, other than the DISTRICT'S failure to fund the sums

11 specified in subparagraph 3.B., then the TRUST AGREEMENT, any FUNDING

12 AGREEMENTS and any obligation of the DISTRICT pursuant to this subparagraph shall

13 terminate and any remaining undisbursed funds, after payment for of any outstanding

14 ""Eligible"~~R6l Costs" under the FUNDING AGREEMENTS, shall be immediately

15 returned to the DISTRICT pursuant to the TRUST AGREEMENT.

16 3.E. DJITRICT FijJure to Fund. Except in the case where:

17 1) that-the DISTRICT is precluded by applicable law from providing the

]8 DISTRICT funding; or

19 2) that-a judicial or administrative proceeding is pending which challenges

20 the DISTRICT funding; or





FROM FOWLER, WHITE, 8132280055 (WED) 02. 18' 98 17: 13/ST. 17:04/NO. 3560406504 P 28



DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 3) that-the AUTHORITY fails to propose or receive approval of ELIGBJ-E

2 PROJECTS requiring funding of the full amount of One Hundred Eighty-three

3 Million, One Thousand Four Hundred Ninety-six Dollars ($183,001,496),

4 +if the DISTRICT does not fund One I lundied Eighty-three Million, One Thousand Fou

5 Hundred Ninety-silx-BDoars- k1 r,0u1,46) fre development of- 3jiB.LE-PRE JEeTS

6 udfaer sbparetphe full amount due puired under subparagraph 3.B. 4.A., her

I 7 feating-to-provae-the full amount dtiereguired under subparagraph 3.B., --gsother


t"a, 1i. t thv .,"e- IUN6 ; is .recluded w.'pit avjG fg i -e if pr, p A,-,,G ;_N_ I






,,',"f,, ",L=, .,-..then the

AUTHORITY shall be required to reduce pumping only by the proportional amount as

determined by the following formula:

Pumpage reduction = 76" mgd x Total funds provided to AUTHORITY
$183,001,496
68
[*76 mgd represents the difference between the interim allowable production quantity for
158
the 11 wellfields (466 mgd) minus the 90 mgd production limitation as of December 31,

2007 (REVIEWERS' NOTE: VERIFY INCLUDING THESE NUMBERS)]. The AUTHORITY

shall have six (6) months from the date of the DISTRICT's failure to fund by which to file

an application for modification of the CONSOLIDATED PERMIT, or individual Water Use


-23-


9

.10

11

.12

13

14

15
16

17

18

19

20

21


VI





FROM FOWLER, WHITE, 8132280055 (WED) 02. 18' 98 17:13/ST. 17:04/NO. 3560406504 P 29



DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 Permits, as the case may be, and the DISTRICT shall grant such application, consistent

2 with this subparagraph, unless prohibited by applicable law. Except as set forth in this

3 subparagraph, in the case of the DISTRICT's failure to fund ELIGIBLE PROJECTS under

4 subparagraph 3.B., the DISTRICT's authority under applicable law to regulate water use

5 is unchanged by this AGREEMENT.

6 3.F. Funding Contingencies. The DISTRICT's performance and payment

7 obligations for each fiscal year are contingent upon the annual appropriation of the amount

8 required by its Governing Board and appropriate BASIN BOARDS; provided the foregoing

9 shall not be construed to apply to amounts held by the Trustee or amounts available to be

10 drawn under the Credit Facility described above.

11 4. RECOVERY STRATEGY.

12 4.A. Phased Reductions. The objectives of this AGREEMENT shall constitute

13 part of the DISTRICT'S recovery strategy for the Northern Tampa Bay area as provided

14 for in Secs. 373.0361, 373.0421(2), 373.0831 and 373.1963, Fla. Stat. More specifically,

15 as part of the DISTRICTs phased recovery strategy for the Northern Tampa Bay area, the

16 AUTHORITY and MEMBER GOVERNMENTS agree that: 1) combined production at the

17 wellfields listed in Exhibit & + shall upon the effective date of this AGREEMENT be limited
156
18 to a total annual average daily quantity of 466 f E.,,VC iro NOTE VRIFY INCLUDIWNG '

19 THi S tU fERjmgd, annual average daily, through December 31, 2002; 2) as of v

20 December 31, 2002, the total annual average daily quantity permitted for withdrawal from

21 the eleven listed wellfields shall be one hundred twenty-one (121) mgd; and 3) as of


-24-





FROM FOWLER, WHITE. 8132280055 (WED)02. 18' 98 17:13/ST. 17:04/NO. 3560406504 P 30



DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 December 31, 2007, the total annual average daily quantity permitted for withdrawal from

2 the eleven listed wellfields shall be ninety (90) mgd. The eleven wellfields are listed on

3 Exhibit A + attached hereto.

4 4.B. OPERATIONS PLAN.Operation8 Plan. "Wit te .t '

5 eL0" inA LrT s for the eleven wel fields li I 1 r.iLr I.J _he

6 AUTHORITY shall submit to the DISTRICT by July 1, 1998, an OPERATIONS PLAN that

7 describes how the AUTHORITY shall operate its water supply system, including the eleven

f listed wellfields, in order to avoid or minimize adverse environmental impacts

9 environmental stresses in the vicinity of those wellfields. The OPERATIONS PLAN shall
be ovwnmde4 -fmvi +Idte 4t ime -b
10 A also address the operation of PROJECTS approved as part of the final NEW WATER V

11 PLAN as those PROJECTS are brought on-line. The OPERAT-lONS PtAN shall be

12 f submttt-trtI DISTRICT -, ,y-1 fCr-r-eviewd-ar- -tt O -STR-"T

13
13 and s .hall be subet to any required Permitting or permit 1, a --- AUTI IORITY

14 may propose modifications to the OPERATIONS PLAN from time to time. Any modification

15 to the OPERATIONS PLAN shall require the pFr ,approvaI he DITRICT. The

J6 OPERATIONS PLAN shall 'we modified when new water supply capacity is added to the

17 The DISTRICT' appeal of the RATI

18 PLAN or difitions shall not be unreasnably withheld so ng as te OPERATIONS

19 PLAN minimizes adverse nciroentai imptacs in the vicity of the weil fields listedzn

20 "EXh- "I-01d is Lthew's sstent with this AGREEMENT, the CONSOLIDATED

21 PERMIT and a. The OPERATIONS PLAN shall:


-25-





(WED)02. 18'98 17:13/ST. 17:04/


DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

I (1) Defijre and constrain how the AUTHORITY will operate exstif-ad

2 water suhrocir- ifit" he existing 11 wellfields and PROJ.ECT.asbey are

3 brought on-line;

4 (2) Prov.ycdJfe_ protocol under which the AUTHORITY will se~cJLaimon

5 available intercono _ec tej_supjlypsoqrc_ es to meet demand:

6 (3) ProyvJdj thep.riot_ under which the AUTHORITY will rotate among

7 availabJejLtej on. ete.spJy_.y sources to finimfi-envronmental-res. e

8 avoid or minimize environmental stresses:

9 (4) Rely upon ground water elevations in te_aqjtiferLsystems as a surrogate for

10 w.tl jntands and lakes, at a specified set of existjngan

11 proposed monitj ellss, to auge environmental stresses inand arfond the

12 wellfields wherein increased agro., ndater elevations will denote reduced

13 .enironmentaf-stress environmental stresses;

14 C5) Include Procedures for analyzing relationships between the distrJaiutioran

15 ~tLe.g groqd water withdrawal at the wellfields and the associa.ed EJ.pi.dapx

16 and surficjiLgJjfe _yse rJaswdoVown, using available hydraulic models;

17 (6) Include procedures for selecting opJijLJsj.erjos for the distribution and

18 rate of ground water withdrawals from the wellfields. _,ing available

19 mathematiC.ajjy- .sAdtoj ization software. based on projected demand.

20 such that around water levels in thsurfjiiaauifer system are maximized


-26-


FROM FOWLER, WHITE. 8132280055


406504 P 31





FROM FOWLER, WHITE, 8132280055 (WED) 02. 18' 98 17:14/ST. 17:04/NO. 3560406504 P 32



DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

I according to a specified weightingtrankink system as a surrogate for water

2 -level J D.inetlaDs o lakes

3 {7) Include in the optimization angflysis a weighting/rankingl sys_temt _enable

4 priority factors to be appliedpo reduce environmental stress prfLentiall at

5 e.se c. locations, with such factors to b,_scated with the specified

6 SLjlaLsLjfliJpt monitor wells:

7 (8) Propose a set of surficj.aaquifer monitor wells and a prjiprjty ..weihtin

8 system for those well)Jand j.JcJude data and software for hydrauJljc.moidelinfL

9 and opimization modeling of alternative wellfieldpRperational scenarios; and

1o (9) VJith tJj AUTHORITY's July 1. 1998. submittaa jclde an outline for the

11 required annual update report.

12 The OPERATIONS PLAN s.baJ_h ubjlmitted to the DISTRICT annually b..uly 1. in the

13 form of an update report, for review and approval by the DISTRICT and shall .es,.ubject

14 to any_reuijred permitting or permit modification. The annual update report hjall include

15 .b .noLlJe limited to. the following: (a) data and_dpclmentaton concerning improvemens

16 in hydraulic model canibra tojDeI;Jtdata and documentation concerning imprpeme ts in

17 optimization software: (c) proposed cbangesj n production well locations and/pr withdrawal

18 rates: (d proposed canes in monitor well locations and/Jor rorijtv weighting factors: and.

J9 (e) proposed changes ijpth~_.EPRATIONS PLAN to accommodate newy supp sources.

20 The AUTHORITY may propose modifications to the OPERATIONSJPLJAN from time to


-27-





FROM FOWLERWHITE, 8132280055 (WED) 02. 18' 98 17:14/ST. 17:04/NO. 3560406504 P 33


DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

time. Any modification to the OPERATIONS PLAN shall require the prior approval of the

;o S ,rt.- l 4,, t,,kl D A "i -lT.Ii -k .... .._i. -, .t, Th n .ITDI" T" ,r,-,..,l ,-, ,,,
;~ 4l-d~hh ~ ILAl lV I .~-r y~l\ c,,, Tk~ fllCTDltr1'.e o .. ..~... rr. .......jIJI JI. III.. OWLJ LJ~aI J.jI


OPERATIONS PLAN or modifications shall not be unreasonably withheld as long as the

OPERATIONS PLAN avoids or minimizes environmental stresses associated with

withdrawals from the wellfields listed in ExhibZJAandisothejyis_e_ consistenj_ it

AGREEMl.JTFJe._CJ_SIJP._AIEJDPIEFMJT arid applicable Jaw.

4.C. Allocation of Reductions. As an additional effort to avoid or minimize

environmental stressed, at any time prior to the dates for reduction of pumpage in

subparagraph 1.B., as any new water supply is added to the AUTHORITY's water supply

system (whether from ELIGIBLEPROJECTS or not), a minimum of fifty percent (50%) of

the average annual permitted capacity from such new facilities shall be used to reduce

production from the eleven listed wellfields. Said reduction may be greater and shall be

determined at or prior to the time the new facility is placed in operation. Said determination

shall be based on the current and projected demand. rFt.. thFR' hr .---.- ,L

3. said minimum reductions shall be allocated as follows: 1) a minimum of 40%

at wellfields in or impacting Pasco County; 2) a minimum of 20% at wellfields in or

impacting Hillsborough County; 3) a minimum of 10% at wellfields in or impacting Pinellas

County; and 4) the balance to be proposed by the AUTHORITY subject to the approval of

the DISTRICT. Said reductions shall be based on the annual average daily quantity.

Further, the OPERATIONS PLAN when adopted shall control, but shall be consistent with,

-28-


N- 22U


I


































I





FROM FOWLER, WHITE, 8132280055 (WED) 02. 18' 98 17:14/ST. 17:04/No. 3560406504 P 34



DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 the allocation of reductions required in this subparagraph and must meet or exceed the

2 UAr3 Lr a t r a j r- .eguirements.~fthis subparagraph. Af____g.br _

3 -3.20 h' J TIr.~ITa V

4 VroedYlb-OST

5 5. CONSOLIDATED PERMIT.

6 5.A. Purpose. The parties hereto-agree that the CONSOLIDATED PERMIT

7 would be beneficial to the operation and regulation of the AUTHORITY's weter supply

8 facilities, including the 11 listed wellfields e wel as the existing nd future filities

9 serving the AUTHORITY's public water supply system.

10 5.B. Four Weilfield Permits Pending Admnisjtrative Proceeding. The

11 DISTRICT, AUTHORITY, HILLSBOROUGH COUNTY, PASCO COUNTY, PINELLAS

12 COUNTY and ST. PETERSBURG agree to consolidate the individual Water Use Permits

13 for the South Pasco, Cosme-Odessa, Section 21 and Northwest Hillsborough wellfields into

14 the CONSOLIDATED PERMIT.

15 5.C. Other Existing Wellfield Permits. Further Te parties hereby agree

16 to make any necessary applications amendments. modifications or9extensions of the

17 AUTHORITY and necessary MEMBER GOVERNMENTS agree t file appropriate

18 ppitio to mF.dif- or ae' nd, as. app rite, their existing Water Use Permits for the

19 Eldridge-Wilde, Cypress Creek, Cross Bar Ranch, Starkey, Morris Bridge, Cypress Bridge

20 and North Pasco wellfields so that the operation and regulation of these wellfields can sheH

21 be Incorporated into the CONSOLIDATED PERMIT. The partiesfurthr-agreethat--upon





FROM FOWLER, WHITE, 8132280055 (WED) 02. 18' 98 17:15/ST. 17:04/NO. 3560406504 P 35



DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 expr ati fthe term-eSuth entratHifsoreugt-RegierralWelFiekdWate-se

2 Permit, any renewal Wate-r' Use Pernit for this facility -may, at the sale discretion of he

3 7istric,--beR"ncora etotOLDTD PERMI or ee- trof, ----

4 maMy be.
4

5 5.D. New Water Supply--epaefty. With respect to any water use permits

6 required under Part II of Chapter 373, Fla. Stat., for the J-LLGJBLE, PROJECTS developed
eAppuet 6vla\
7 pursuant to theNEW WATER PLAN, the AUTHORITY may apply for and the DISTRICT

8 shall issue such permits if the facility meets the criteria for issuance. The DISTRICT staJJJ

9 may elet ii. its soet dis ; cr-e to: (1) issue such permits subject to a term expiring when

10 the CONSOLIDATED PERMIT expires or-(2-modify4heGONSOIDATED PERMIT to

11 indude the new approvls, provided that teherase, reasonable assurances cb e are

12 provided that the applicable permitting criteria will be met for that term-fr-theduratier ef

13 the CNS DATED PERMIT.

14 5.E. Chapter 129 Reyiew. It is the intent of the parties that the CONSOLIDATED

15 PERMIT will be issued pursuant to a Final Order of the DISTRICT approving a settlement

16 of the pending administrative proceeding referred in subparagraph 5.G., and will, therefore,

17 not create a new point of entry to challenge the terms and conditions governing the South

18 Pasco, Cosme-Odessa, Section 21 .and Northwest Hillsborough Regional wellfields.

'19 However, it is not the intent of the parties--ertp to limit or restrict in any way a

20 substantially affected thir party's rights under Chapter 120, Fla. Stat., as to the terms and


-30-


~





(WED)02. 18' 98 17:15/ST. 17:04/NO. 3560406504 P 36


DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 conditions of the CONSOLIDATED PERMIT as it relates to the wellfields or other facilities

2 other than South Pasco, Section 21, Cosme-Odessa and Northwest Hillsborough Regional.

3 5.F. Timing ofJssuance of CONSOLIDATED PERMIT. The DISTRICT shall

4 issue, and the AUTHORITY shall accept and be bound by the CONSOLIDATED PERMIT

S upon: 1) the full implementation of all requirements of the INTERLOCAL AGREEMENT

6 including, but not limited to, the passage of the proposed governance legislation and the

7 implementation of the transfers of property and responsibility to the AUTHORITY; 2)

8 DISTRICT approval of any necessary applications. a~sejidents, modifications or

9 extensionsof the existing Water Use Permits fJortheEldrJde-Wilde. Cypress Creek.

10 Cross Bar Ranch. Starkey. Morrjs Bjje.Sypress Bridge and North Pasco welfields so

11 that the operation and regulation of these wellfields can be incororated intoJ th

12 CONSOLIDATED PERMIT, at-l ap-prpata -f or .a d,

13 appropriete- Yie exi 'In Ergmit...therCldridqe Wilde. Cnpro'A? &L-ek. GFo

14 Bar Ranhitjet, C.prs ri; 3) final

15 .DISTRICT approval of any and all necessary petitions for rule waivers or variances

16 required to be filed by the AUTHORITY and appropriate MEMBER GOVERNMENTS

17 pursuant to paragraph 25; 4) final adoption of any and all changes to DISTRICT rules

18 necessary for the issuance of the CONSOLIDATED PERMIT; and 5), unless waived by the

19 DISTRICT in its sole discretion, DISTRICT approval of the OPERATIONS PLAN.

20 5.G. Settlement and Djismissal of Pending Administrative Proceeding.

21 Promptly following a favorable conclusion of any and all administrative or judicial third party


-31-


FROM FOWLER,WHITE. 8132280055






(WED)02. 18'98 17:15/ST. 17:04/NO. 3560406504 P 37


DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 challenges affecting the issuance of the CONSOLIDATED PERMIT, the DISTRICT, the

2 AUTHORITY, PASCO COUNTY, PINELLAS COUNTY and ST. PETERSBURG shall

3 execute and file with the DISTRICT a written Stipulation and Settlement Agreement with

4 proposed Final Order, in the form attached hereto as Exhibit G- The CONSOLIDATED

5 PERMIT shall issue, and the Final Order shall be entered by the DISTRICT, at the

6 DISTRICT's next regular monthly meeting following the date of filing of the Stipulation and

7 Settlement Agreement which allows sufficient time for legally required notice of the intent

8 to approve the Stipulation and Settlement Agreement and for entry of the Final Order.

9 Entry of the Final Order shall constitute a full settlement of all issues in DOAH Case Nos.

10 95-1520, 95-1521, 95-1522, 95-1523, 95-1525, 95-1526, 95-1527 and 95-1528, and shall

11 result in the dismissal of said proceedings. The parties agree to bear all of their own costs

12 and fees related to these cases.

13 5.H. Chapter 120 TimeExtensons. Until such time as the CONSOLIDATED

14 PERMIT is issued and becomes final, the involved parties hereby agree to extend as

15 necessary all applicable Chapter 120 and DISTRICT rule time limits for action on permits

16 for the wellfields listed on Exhibit A +.

17 5.1. Non-issuance of CONSOLIDATED PERMIT. Should the CONSOLIDATED

S8 PERMIT not issue by reason of the fact that one or more of the conditions to its issuance

19 set forth in subparagraph 5.F. above is not met, or because of a successful third party

20 administrative or judicial challenge to its issuance, this AGREEMENT shall not terminate.

21 The existing Water Use Permits which would have been consolidated shall remain in full


-32-


FROM FOWLER, WHITE, 8132280055





FROM FOWLER, WHITE, 8132280055 (WED) 02. 18' 98 17:16/ST. 17:04/NO. 3560406504 P 38


1
n'


EPRMIT. F -exae f frDSTRIT thw.Q _Dr, fm
Jt -,,t.3- set ".fo ..sth.t barafa..A Ashgti

Mnerthei remi in fll fore a

5.J. Cross Default. A default by the AUTHORITY .undrsuaraQraDhs 3.A.

j(AUTJJjORplYResp jnsblit and Performance Obligation). 4.A. (Phased Reductions). 4.B.

(OPERATIONS PLAN. 4.C. allocationn of Reductions), and 5.H. (Chaoter 120 Time

Extensions) of this AGREEMENT shall constitute a default under the CONSOLIDATED

'PERMIT IJn the event_of_ any such default. the DISTRICT, mapJg. anyna -dJ

administrative and judicial remedies provided by appJjc pJalja.

5.K Remedips Cumulative. The remedies for breach of this AGREEMENT are

cumulative. Thus, the pursuit of one remedy shall Inot preLjdsth ejts oL

remedies provided by this AGREEMENT or by applicable law. The.Lur.uit_..a yejrLejy

provided in this AGREEMENTi or by aJJicabJeJaw shall not constitute a forfeiture or waiver

,f any amount due from the defaulting party or of the right tPo maintajil gn...aitonPJrany

damages accruing for breath. The waiver of one breach shall not be deemed a waiver of

any other breach. ForbejArace..gJpe _pfrcgrne or more of the remedies provided by this


-33-


DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

force and effect. Such Water Use Permits shall be subject to the terms and conditions of
approve -vial
this AGREEMENT including. without limitation, tJhe requirements for the NEW WATER

PLAN and withdrawal reductions required by subparagraph 2.A. and 4.A.. respectively.

bjet to alkl s well asIm all con .tsa.ngd gfdhjs


I





FROM FOWLER, WHITE, 8132280055 (WED)02. 18' 98 17:16/ST. 17:04/NO. 3560406504 P 39



DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 AGREJEMVIET or by applicable law on an event of default shall not b_ deemed or

2 construed to constitute a waiver of the right to any remedy for that default.

3 6. LAND ACQUJISJJION. By January 1. 2000, and upon the request of ST.

4 PETERSBURG, the DISTRICT and ST. PETERSBURG shall endeavor to negotiate in

5 good faith agreements for the acquisition of fee simple title to the Weeki Wachee Springs

6 property owned by ST. PETERSBURG. The DISTRICT shall request Conservation and

7 Recreation Lands (C.A.R.L.) funds for the acquisition of the property in the amount not to

8 exceed the amount set forth in Exhibit U 6 subject to applicable C.A.R.L. and statutory

9 requirements and availability of funds.

10 7. CONSERVATION ANID REUE.

S11 7.A. pDeand Management. The AUTHORITY's current Master Water Plan

12 states that an aggressive conservation and demand management program is an integral

13 component of a sustainable water supply. The Master Water Plan provides that the

14 conservation program is expected to reduce use by 10 mgd (annual average) by 2000,

15 and an additional 7 mgd (annual average) by 2005. These reductions are reflected in

16 AUTHORITY'S projected water needs and would contribute to a reduction in per capital

17 use. The AUTHORITY shall continue to plan and coordinate and the MEMBER

18 GOVERNMENTS shall continue to develop and construct conservation and reclaimed

19 water projects, and the AUTHORITY shall annually report, as part of the report required

20 by subparagraph 2.-- t, on the status of conservation and demand management projects.





(WED) 02. 18' 98 17:16/ST. 17:04/NO. 3560406504 P 40


DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 7.B. DemandManaqemern Co-Fundina. The DISTRICT, in conjunction with the

2 appropriate Basin Boards, intends to collectively continue to fund, to the extent authorized

3 by law, approximately nine million dollars ($9,000,000,00) per year for conservation and

4 reclaimed water projects that effectively reduce potable water use. This collective funding

5 is expected to be continued for ten (10) years and is expected to provide funds for such

6 purposes to the AUTHORITY, MEMBER GOVERNMENTS and other local governments

7 in Hillsborough, Pasco and Pinellas Counties on a 50/50 cost sharing basis. The failure

8 of the DISTRICT and BASIN BOARDS to provide this funding shall not be deemed a

9 breach of this AGREEMENT, and there shall be no remedy against the DISTRICT or

10 BASIN BOARDS in favor of the other parties by reason of such failure to fund.

11 7.C. WUCA Rule, Upon issuance of the CONSOLIDATED PERMIT, the

12 MEMBER GOVERNMENTS shall remain responsible for compliance with the Northern

13 Tampa Bay WUCA rule, Rule 40D-2.801(3)(c), F.AC., including Basis of Review Sections

14 7.3.1.1, 7.3.1.2. and 7.3.1.3. The AUTHORITYs responsibilities for reporting compliance

15 with such rule shall be as set forth in the CONSOLIDATED PERMIT.

16 8. ALTERNATIVE DISPUTE RESOLUTION.

17 8.A. Water Consortium. As an alternative to the high cost of administrative

18 proceedings, litigation and appeals, the DISTRICT and the AUTHORITY shall investigate

19 the availability or establishment of a scientific consensus process in conjunction with

20 establishment of a Water Consortium as set forth herein. Within ninety (90) days after the

21 effective date of this AGREEMENT, the DISTRICT and AUTHORITY shall consider


FROM FOWLER, WHITE, 8132280055





(WED)02. 18'98 17:16/ST. 17:04/NO. 3560406504 P 41


DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 establishment of a Water Consortium within the Environmental Science and Policy

2 Program of the University of South Florida. This Water Consortium shall be an

3 independent entity which will review scientific issues related to water sources, as may be

4 jointly requested by the parties in order to minimize the conflicts between the AUTHORITY

5 and DISTRICT and reduce or eliminate any need for further costly litigation.

6 8.B. DisputeResolution Process. The DISTRICT and the AUTHORITY agree

7 to resolve any disputes related to the interpretation, obligations or performance of this

8 AGREEMENT, including but not limited to the DISTRICTs approval of theiNEW WATER

9 PLAN and OPERATIONS PLAN in the manner described in this subparagraph. Either

10 party may initiate the dispute resolution process by providing written notice of the issue or

11 issues raised and the complaining party's position on it to the other party. After transmittal

12 and receipt of a notice specifying the area or areas of disagreement, the parties agree to

13 meet at reasonable times and places, as mutually agreed upon, to discuss the issues. If

14 discussion between the parties fails to resolve the dispute within thirty (30) days of the

15 initial written notice, the parties shall appoint a mutually acceptable third party to act as a

16 mediator. Such mediator shall be appointed by letter signed by both parties. In such

17 mediation the parties shall bear their own fees and costs. The mediation contemplated by

18 this subparagraph is intended to be an informal and non-adversarial process with the

19 objective of helping the parties reach a mutually acceptable and voluntary agreement. The

20 decision-making shall rest solely with the parties. The mediator shall assist the parties in

21 identifying issues, fostering joint problem-solving and exploring settlement alternatives. If


-36-


FROM FOWLER, WHITE, 8132280055





FROM FOWLER, WHITE. 8132280055 (WED)02. 18' 98 17:17/ST. 17:04/NO. 3560406504 P 42



DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 the parties are unable to reach a mediated settlement within sixty (60) days of the

2 mediator's written appointment, either party may terminate the settlement discussions by

3 written notice to the other party. In such event, either party may initiate litigation or petition

4 for an administrative hearing to the extent authorized by law within thirty (30) days of the

5 notice terminating the settlement discussions. Failure by the party initiating the dispute to

6 commence litigation or to file a petition requesting an administrative hearing within the thirty

7 (30) day period shall be deemed to constitute an acceptance of the interpretation or

8 performance of the other party.

9 9. COMPLIANCE WITH APPLICABLE LAW. No party to this AGREEMENT shall be

10 compelled to pay or perform under one or more of the provisions of this AGREEMENT

11 where such payment or performance would constitute a violation of applicable law. Each

12 party shall comply with all applicable federal, state and local laws, rules, regulations and

13 ordinances relative to performance under this AGREEMENT. The parties agree that

14 nothing contained in or done pursuant to this AGREEMENT shall be construed to modify

15 any existing rules or orders, including permits, of the DISTRICT except for those permits

16 which shall be consolidated into the CONSOLIDATED PERMIT to be issued pursuant to

17 this'AGREEMENT. A, -e.wles or orders-or chn r amnmt .e g si:m



19

20 10. ASSIGNME.NIT. No party may assign or transfer its rights or obligations under this

21 AGREEMENT.


-37-





(WED)02. 18' 98 17:17/ST. 17:04/NO. 3560406504 P 43


DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 11. THIRD PARTY BENEFICIA1RFS.. Nothing in this AGREEMENT shall be construed

2 to benefit any person or entity not a party to this AGREEMENT.

3 12. MODIFICATIONS. This AGREEMENT constitutes the entire AGREEMENT

4 between the parties and may be amended only in writing, signed by all parties to this

5 AGREEMENT.

6 13. DOQUMENTS: The following documents are attached and made a part of this

7 AGREEMENT:

8 Exhibit A List of Water Facilities

9 Exhibit B Form of CONSOLIDATED PERMIT

Jo Exhibit C New Water Sources Funding Agreement

11 Exhibit D Funding Criteria

12 Exhibit E SWFWMD Annual Funding

13 Exhibit F Form of Trust Agreement

14 Exhibit G Stipulation And Settlement Agreement

15 Exhibit H Ownership, Acreage and Valuations
Ehibi4- I Llst of Rule Wai w avc Vanaviaces
16 The Exhibits are incorporated in this AGREEMENT by reference. In the event of an

17 irreconcilable conflict between the terms of this AGREEMENT and an Exhibit, priority shall

18 first be given to the language in the body of this AGREEMENT, then to the Exhibits.

19 14. LIMITATION OF LIABILITY.

20 14.A. Waiver of Monetary Damages. No party hereter-- eitsboard members,

21 elected officials, attorneys, directors, officers, employees, agents or representatives shall


-38-


FROM FOWLER WHITE. 8132280055





FROM FOWLER, WHITE. 8132280055 (WED)02. 18' 98 17:17/ST. 17:04/NO. 3560406504 P 44



DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 be liable to any other-party or its board members, elected officials, attorneys, directors,

2 officers, employees, agents or representatives for any monetary damages or costs

3 including but not limited to indirect, incidental, special, consequential or punitive damages,

4 however caused, whether in contract, tort, strict liability, warranty or otherwise, arising out

5 of or relating to the performance or failure to perform under this AGREEMENT.

6 14.B. Liability for Mitigation. Nothing contained in this AGREEMENT is intended,

7 nor shall the same be construed, to release the AUTHORITY or MEMBER

8 GOVERNMENTS, in whole or in part, from responsibility for mitigating all past, present and

9 future adverst-environmental stresses impeets, if any, resulting from ground or surface

10 water withdrawals at the facilities which would be covered by this AGREEMENT. Nothing

11 contained in this AGREEMENT is intended, nor shall the same be construed, to admit any

12 liability of the AUTHORITY or MEMBER GOVERNMENTS.

13 14.C. liquidatedd Daages. If the AUTHORITY fails for anvy eason tomeetthe

14 dead.inesftb bning .,tor su..fic. on inefor reduction of withdrawal quanttities

15 from the1 wellfields as required by subparaaraphs 3.A. and 4.A.. with the result that this

16 AGREEMENT is terminated ih: accordance with its terms., ali ,artietotpiAOGRMENT

17 recognize and agree that actual damages for the delay are difficult if not imppssle to

18 determine preCisely. In lieu thereof. the AUTHORITY shall payto the DISTRICT as fixed.

19 _agreed_ endliqujidLed.am.geethe sum of $300,000 for each mad the, AUTHORITY fails

20 to brna on-lineoreducesas-the case may be. Such amount shall be paid for each month

21 that the shortfall continues until such requirements are achJieved._3hatever jumsmay

W 4-39-4.C. to; M6T WOK-
L V' -39-I M ?Q 2N5





(WED) 02. 18' 98 17:17/ST. 17:04/NO. 3560406504 P 45


DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 be due the DISTRICT as liquidated damageQs jLdelay may be deductegd iom payments

2 due the AUTHORITY under this AGREEMENT or otherwise or may be collected from the

3 AUTHMORITY. AJLparties to this AGREEMEJ-NT reDresent anaLagree that this miauida1td

4 damages clause in not intended to be a penalty cause and that it shall not be construe

5 as one _.FVlWr'' NOT.- GENE HEATiS PROPOSAL I A GOOD ONE AND

6 SHlOULD BE .CON.IDE' O UR COPY IS A BIT UNCLEAR AND "W ECDP GOMEE

7 -EXPLANATIO-,. IT IS NOT A LIQUIDATED DAMAGES CLAUSE 33 M;UCH AS IT IS AN V

S AGREEP-UPON METHOD FOR DETERMINING DAMAGE. IT SHOULD WOR. KSSUE:

9 DID SONNY WANT THIS PROVISION PRESENTED SEPARATELY IN A COV-ER MEMO /

10 FROM TH E G.OV EARNING BOARD TO THE AUTHORITY AND ITS rMEMBERS?-IT V

11 15. EFFECTIVE _ATI. The effective date of this AGREEMENT shall be the date upon

12 which ali parties have executed this AGREEMENT. The effectiveness of this

1,3 AGREEMENT is conditioned upon its being executed by all parties no later than May 1.

14 1998.

15 16. EXTENSION OF TME. The time for performance of a party hereto of any obligation

16 required of it by this AGREEMENT may be extended upon the advance written consent

17 of all other parties, which consent shall not be unreasonably withheld so long as the

18 requesting party strictly complies with the provisions of this paragraph.

19 16.A. Performance Prrvented. The time for performance of an obligation required

20 of a party may be extended only if the party seeking the time extension is prevented from

21 timely fulfilling an obligation required of it under this AGREEMENT due directly to: 1) a


-40-


FROM FOWLER, WHITE, 8132280055





FROM FOWLER, WHITE. 8132280055 (WED) 02. 18'98 17:18/ST. 17:04/NO. 3560406504 P 46



DRAFT
February 18, 1998 For Discussion Purposes Only Subject to Revision

1 judicial or administrative proceeding ifweMf that ~e ays or presents performance of the

2 obligation tobe pe rformed, 2) the failueef-another party's material breach of -totimely

3 perform-an-e bgat~i under this AGREEMENT; or 3) the acts or omissions of anyone not

4 a party to this AGREEMENT other than one whose act or omission occurs in connection

5 with a contractual relationship existing directly or indirectly with a party to this

6 AGREEMENT.

7 16.B. ReJqIjedAopie. A party seeking an extension of time for performance of

8 any obligation under this AGREEMENT shall notify all other parties of its intention to obtain

9 such time extension as soon as such party becomes aware of a need and basis for an

10 extension under subparagraph 16.A. The other parties shall, within forty-five (45) days of

11 receipt of the request, notify the requesting party in writing whether or not they consent to

12 the request. Failure to timev'repl to a questt for an extension shalI be deemed approval

13 gofthe quest. The time period for performance shall be tolled during the period from the

14 date of the request through the date of receipt of notice of consent from all parties or the

15 receipt of notice of the refusal to consent by any party. If the requested extension i

16 denied byo.ep or more of the parties ndLtedeadline for performance as not at that time

17 expired. this AGREEMENT may not be deemed repudiated bY the requesting party until

18 the applicabledeadline expires or the reo.ue.tig party does not propyjeidequate and

19 timely assurance of due performance pursuant to araraph 21 .A.. whicherccur first


-41-





FROM FOWLER, WHITE, 8132280055 (WED) 02. 18' 98 17: 18/ST. 17:04/NO. 3560406504 P 47



DRAFT FOR DISCUSSION PURPOSES ONLY
Attorney Work Product
February 17. 1998

1 17. GOVERNING LAW. This AGREEMENT shall be governed by and construed in

2 accordance with the laws of the State of Florida.

3 18. TIME. Time is of the essence in this AGREEMENT.

4 19. DISTRICT'S REGULATORY AUTHORITY. The terms and conditions of this

5 AGREEMENT are not intended by the parties, and shall not be construed to limit or impair

6 the regulatory authority of the DISTRICT, except as expressly provided for in

7 subparagraphs 3.E.-arnd-F-

8 20. EXPIRATION DATE. This AGREEMENT shall expire on December 31, 2010.

9 21. TERMINATION.

10 21,A. Rigj to_ AdeqUate Assurance of Perjforance Antfcipatorv Breach.

11 Should reasonablJerunds-for. insecurity arise with respectto, the performance of any

12 pary to this AGREEMENT the other parties may in writing demand adequate_ assrance

13 of due performance and' unil s.ch assurance is receiyedmay if reasonable under the

14 circumstances suspend any payment or performance for which the agreed retumrnhasnot

15 already beer e iyedAfter receipt of a justifie demand, failure to provide withinthjirty

16 (30) dayssuch assurance of due performances Js adequate under the circumstances

17 may be deemed a repudija.pof this AGREEMENT whereupon this AGREEMENT shall

18 be terninaedandithe parv or'parties requesin such reasonable assurance may proceed

19 to pursue' remedies available under this AGREEMENT and appricab jlaw.





(WED)02. 18'98 17:19/ST. 17:04/NO. 3560406504 P 48


DRAFT FOR DISCUSSION PURPOSES ONLY
Attorney Work Product
February 17. 1998

1 21.B. Events of Termination. This AGREEMENT shall terminate, subject to the

2 notice and cure provisions contained in subparagraph 21.CB., if any of the following occur:

3 (1) the INTERLOCAL AGREEMENT 'thaheAU RffY-is not executed by

4 all MEMBER GOVERNMENTS on or before May. 1.998: (2) t the INTERLOCAL

5 AGREEMENT th t-rf~ea~rei-the I IQR -either fails to become fully implemented
-*fi Ia
6 or is terminated; ) (t2) thlNEW WATER PLAN described in subparagraph 2..through

7 2-if is not timely submitted by the AUTHORITY or is not approved by the DISTRICT

8 following the notice and modification procedure described in subparagraphs 2~E- and-2-F.
Jre.
9 on or before December;.e, a. 1. Apr,30. 1999; (41) ( the AUTHORITY fails to propose v

.10 a NEW WATER PLAN containing ELIGIBLE PROJECTS aeeeptab le-to-he-ai-STRF

] which would utilize the full amount of DISTRICT co-funding under subparagraph 3.B.; or

12 ~5~ (4) the OPERATIONS PLAN is not timely submitted by the AUTHORITY or is not

13 approved by the D~STRICTjtrt following the notice and modification procedure described

14 in subparagraph 4.B. on or before -ee~ber-34-43-98 April 30. 1999: (6) the

15 AGREEMENT is terminated ours.ant to subpararah 21jA.: or (71 a partv or partiesgjygin

16 notice of right to cure properly declare this AGREEMENT terminated pursuant to

17 subparaoraDph21.C.

18 21.C. Notice and Cure. Any party who believes that an event of termination has

19 occurred shetf maygive notice in writing to all other parties specifying the basis of the

20 claimed event of termination and specifying what actions, if any, may be needed to correct


-43-


FROM FOWLER, WHITE, 81 322800 55





(WED) 02. 18'98 17:19/ST. 17:04/NO. 3560406504 P 49


DRAFT FOR DISCUSSION PURPOSES ONLY
Attorney Work Product
February 17 19.i8.

1 the circumstances uuderlvina the event of termination. If the circumstances are not

2 corrected in forty five (45) days of the notice, th" t-"t,- iing ntI- nay declare the

3 AGREEMENT shall b_e terminated and the parties shall thereafter govern themselves

4 accordingly.

5 21.D. Associated Changes to Permit. Should this AGREEMENT terminate under

6 this paragraph 21, then all permits approved pursuant to this AGREEMENT shall also

7 terminate after a period of six (6) months. The Authority shall file all necessary applications

8 to modify or replace such permits in keeping with applicable law within that six-month

9 period.

10 22. EMERGER ES. Nothing contained in, or done pursuant to, this AGREEMENT is

11 intended by the parties, and nothing In this AGREEMENT shall be construed, to limit or

12 impair the DISTRICTs lawful authority and power to respond to emergencies.

13 3.-- 9P AG T fP P1AB-E 1AW -

14 epay e~tr-ay--ppfiale law i-tihe-author-ity

15 of any- party under appliable law except as specifically stted herein. o party shall be

16 eensidered-t b[Idefault under this AGREEENT-if-aparty IQ required tr-take-e-refran

17
17 froTm taking, -any ation required by low that -s, or, may be, inconsistent with thi

18 AGREEMENTf

19 23. NON-WAIVER. Except to the extent specifically waived herein, nothing in this

20 AGREEMENT shall constitute a waiver by any of the parties hereto of any rights they may


-44-


FROM FOWLER WHITE. 8132280055





(WED)02. 18'98 17:19/ST. 17:04/NO. 3560406504 P 50


DRAFT FOR DISCUSSION PURPOSES ONLY
Attorney Work Product
February 17.1998

1 have under Chapters ,120 and 373, Fla. Stat.; proydd. nevertheles.tJJat no party shall

2 institute, or encourage a thjrd party to institute, a proceeding challenge this

3 AGREEMENT, theExibits to the AGREEMENT, including the O SOLIDATED PER MIJ

4 or an existing DISTRICT rule where such challenge would frustrate or undermine the

5 objectives rjenforceability of thisAGREEMENT. Further, nothing in this AGREEMENT

6 shall be construed to limit or waive the rights of any non-party under Chapters 120 and

7 373, Fla. Stat.

8 24. DISMISSAL OF ACTIONS. In addition to the voluntary dismissal of the DOAH

9 cases listed in subparagraph 5.G. and subject to the contingencies therein, the appropriate

10 parties hereto agree to voluntarily dismiss the following case:

11 Plnellas Coun Florida v. SouFlorida St stlorida Water Management District. eal.. Case

12 Nlo.97-00767. in the Fifth District Court of Aopea.

13 Further, the parties hereto agree that they will dismiss any pending rule challenges and will

14 not file any rule challenges under Chapter 120, Fla. Stat., so far as such challenges involve

15 the amendments to Chapters 40D-2, 40D-4, 40D-8. and 40D-80, F.A.C., that are consistent

16 with this AGREEMENT.

17 25. RULE WAIVER/ VARIANCE. In order to effectuate the terms and conditions of this

18 AGREEMENT it is necessary for the DISTRICT to amend weiv'e or grant aiesor

19 variances to s rules, et forth in Exhibit. Set-out-bew are he-r,,es for wih --

20 va.iane.ae neessry:


-45-


FROM FOWLER, WHITE, 8132280055





(WED)02. 18' 98 17:20/ST. 17:04/NO. 3560406504 P 51


DRAFT FOR DISCUSSION PURPOSES ONLY
Attorney Work Product
February 17. 7998

1 PNSERT LIST)

2 Within thirty (30) days of the effective date of this AGREEMENT, the AUTHORITY and

3 MEMBER GOVERNMENTS shall file -petitions pursuant to Sec. 120.542, Fla. Stat.,

4 requesting *h necessary waivers and variances.

5 26. NOI]CE. Any notice required under this AGREEMENT shall be in writing and shall

6 be-either hand delivered or transmitted by certified or registered mail, postage prepaid with

7 return receipt requested, and addressed to the parties as follows:

8 [INSERT NAMES/ADDRESSES OF PARTIES & ATTORNEYS]

9 A party may change its address set forth above by providing the other parties with notice

10 of any such address change in the same manner provided above, and which change shall

11 be effective fifteen (15) days from the mailing by certified mail, return receipt requested,

12 of such written notice of change.

13 27. CONSTRUCTION OF AGREEMENT. Notwithstanding any rule of law or principle

14 of contract construction to the contrary, no term or provision of this AGREEMENT which

15 is subsequently determined to be ambiguous shall be construed more favorably for or

16 against either party based on draftsmanship or preparation of this AGREEMENT.

17 28. COMPLIAZNCE DATES. In the event that any date specified in this AGREEMENT

18 shall be on a Saturday. Sunday or state or national holiday, then the date so specified shall

19 be deemed to be the next business day following such date, and compliance by such


FROM FOWLER, WHITE, 8132280055





(WED)02. 18' 98 17:20/ST. 17:04/NO. 3560406504 P 52


DRAFT FOR DISCUSSipN. PURPOSES ONLY
Attorney Work Product
February 171998

1 business day hereunder shall not be deemed a default by any of the parties under this

2 AGREEMENT.

3 29. HEADINGS. The headings of each section in this AGREEMENT are for

4 convenience of reference only, and shall not affect the interpretation or meaning of this

5 AGREEMENT.

6 30. COOPERATION. In order to effectuate the terms and conditions of this

7 AGREEMENT, including the transfer of assets pursuant to paragraph 16 of the

.8 INTERLOCAL AGREEMENT to allow for the operation of the wellfields and facilities by the

9 AUTHORITY, the DISTRICT, AUTHORITY and MEMBER GOVERNMENTS agree

10 to execute all the necessary and appropriate amendments, agreements, contracts,

11 applications and documents.

12 31. VENY E. Venue for purposes of any action or proceeding brought to enforce or

13 interpret this AGREEMENT shall lie in Hernando County, Florida.

14 IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have

15 executed this AGREEMENT on the day and year set forth next to their signature below.

WEST COAST REGIONAL WATER
SUPPLY AUTHORITY


Chairman

ATTEST;


-47-


FROM FOWLER,WHITE, 8132280055





FROM FOWLER, WHITE, 8132280055


(WED)02. 18'98 17:21/ST. 17:04/NO. 3560406504 P 53


DRAFT FOR DISCUSSION PURPOSES ONLY
Attorney Work Product
Eruxary 17. 1998
Clerk





(WED)02. 18' 98 17:21/ST. 17:04/NO. 3560406504 P 54


DRAFT FOR DISCUSSION PURPOSES ONLY
Attorney Work Product
February 17. 1998
HILLSBOROUGH COUNTY, FLORIDA


Chairman
Board of County Commissioners

ATTEST:


Clerk
PASCO COUNTY, FLORIDA


Chairman
Board of County Commissioners

ATTEST:


Clerk
PINELLAS COUNTY, FLORIDA


Board of County Commissioners

ATTEST:


Clerk
CITY OF TAMPA, FLORIDA


Mayor

ATTEST;


Clerk


-49-


___


FROM FOWLER, WHITE, 8132280055





(WED)02. 18' 98 17:21/ST. 17:04/NO. 3560406504 P 55


DRAFT FOR DISCUSSION PURPOSES ONLY
Attorney Work Product
February 17,998

CITY OF NEW PORT RICHEY


Mayor


ATTEST:


Clerk


CITY OF ST. PETERSBURG


Mayor


ATTEST:


Clerk


SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT


Chairman


ATTEST:


-50-


Clerk


FROM FOWLER, WHITE, 8132280055




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs